CHARLES FOWLER, APPELLANT,
v.
ROSE FOWLER, APPELLEE
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Florida appellate court reversed the award of rehabilitative alimony where no evidence showed the former wife's earning ability suffered or that she sought additional training during a nine-month marriage, but affirmed the trial court's allocation of joint marital obligations to the husband.
Rehabilitative alimony is not appropriate absent evidence that the former spouse's earning ability was impaired during the marriage or that the spouse plans to obtain additional training or education.
[1] Rehabilitative alimony requires evidence that the receiving spouse's earning ability was diminished during the marriage or that the spouse intends to pursue additional tr…
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Join FLexlaw to unlock all legal intelligenceCharles Fowler appeals a final judgment of dissolution from a nine-month marriage ordering him to pay his former wife rehabilitative alimony in declin…
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COWART, Judge.
The former husband, Charles Fowler, appeals a final judgment of dissolution which ordered him to pay the former wife rehabilitative alimony of $435 per month for the first six months, $335 per month for the next six months, and $285 per month for the following twelve months, with the provision that $285 per month of this amount is to be satisfied by the husband making payments on the parties’ Barnett Bank loan, and for the first year, $50 per month is to be satisfied by the husband making payments on the parties’ health club membership.
We affirm the final judgment1 except for the award of rehabilitative alimony, which we reverse. There was no evidence submitted that the former wife’s earning ability suffered during the nine-month marriage or that she plans to obtain additional training or education. See Long v. Long, 505 So. 2d 10 (Fla. 5th DCA 1987) and cases cited therein. However, as it is clear the trial court intended, as part of an equitable distribution, for the husband to pay the parties joint obligations to Barnett Bank and the health club, this case is remanded for the trial court to amend the final judgment accordingly.
AFFIRMED IN PART; REVERSED IN PART; and REMANDED.
ORFINGER and COBB, JJ., concur. . Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980); Duncan v. Duncan, 379 So. 2d 949 (Fla. 1980).
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Edwards v. Lida Torres Edwards, 529 So. 2d 777 (Fla. 3d DCA 1988)…any assistance “to regain the ability for self-support similar to that which previously existed or would have existed except for the marriage of the parties.” Murray v. Murray, 374 So. 2d 622, [*778] 623 (Fla. 4th DCA 1979); accord Fowler v. Fowler, 516 So. 2d 113 (Fla. 5th DCA 1987); Pierson v. Pierson, 462 So. 2d 613 (Fia. 2d DCA 1985); Poppe v. Poppe, 412 So. 2d 38 (Fla. 3d DCA 1982). There is no evidence in this record that the former wife’s earning ability suffered during her marriage, as it is undispute…
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Hurwit v. Handre Hurwit, 537 So. 2d 586 (Fla. 3d DCA 1988)…d by the interruption of her education during her husband’s residency in Cleveland. That Mrs. Hurwit proceeded to resume her education upon the parties’ return to Miami, demonstrates her ambition to advance her financial status. Cf Fowler v. Fowler, 516 So. 2d 113, 114 (Fla. 5th DCA 1987) (holding that “there was no evidence that the former wife’s earning ability suffered during the nine-month marriage or that she plans to obtain additional training or education,” the court reversed the rehabilitative alimony…
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Nissen v. Nissen, 517 So. 2d 783 (Fla. 5th DCA 1988)…PER CURIAM. The husband, Larry W. Nissen, appeals from a final judgment of dissolution. We affirm in all respects except for the award to the wife of rehabilitative alimony, which award we reverse on the authority of Fowl [*784] er v. Fowler, 516 So. 2d 113 (Fla. 5th DCA 1987). AFFIRMED in part; REVERSED in part; and REMANDED. ORFINGER, COBB and SHARP, JJ., concur.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- Duncan v. Duncan, 379 So. 2d 949 (Fla. 1980)
- Williams v. Wilshusen, 505 So. 2d 10 (Fla. 4th DCA 1987)
- Long v. Long, 505 So. 2d 10 (Fla. 5th DCA 1987)